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Partha Acharjee & Ors vs Unknown on 31 July, 2017



RP 165
CRR 2445 of 2017
In the matter of : Partha Acharjee Ors.

Petitioner has assailed order dated 16.01.2017 refusing to

discharge him from the instant case on the ground of lack of

territorial jurisdiction.

Gist of the allegations in the impugned charge sheet is to

the effect that the opposite party no.2 was married to petitioner

no.1 at Bolpur within the territorial jurisdiction of the learned

Magistrate. At the time of marriage a huge amount of dowry was

demanded from the family members of opposite party by the

petitioner and other accused persons. After marriage, opposite

party no.2 was taken to her matrimonial home at Kolkata and

was subjected to torture on further demands of dowry. First

information report was registered under Section 498A of the

Indian Penal Code read with Sections 3/ 4 of the Dowry

Prohibition Act. In conclusion of investigation charge sheet was

filed. It was contended that no part of the torture over alleged

demands of dowry was meted out to the petitioner within the

territorial jurisdiction of the learned Magistrate. Trial Court

observed that the demand of dowry was made at the time of

marriage within the territorial jurisdiction of the learned

Magistrate and, therefore, it cannot be said that no part of the

aforesaid offences particularly Section 3 of the Dowry Prohibition

Act was committed within its jurisdiction.

I find no illegality in the said order. The petition is,

accordingly, disposed of observing that it shall be open to the

petitioners to raise all other just defences in the course of trial of

the instant case in accordance with law, if so advised.

With the aforesaid observation, this revision petition is

disposed of.

Urgent certified photocopy of this order, if applied for, be

delivered to the learned Advocate for the petitioner, upon

compliance of all formalities.

(Joymalya Bagchi, J.)

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